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Old 07-31-2009, 04:50 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
02/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Join Date: Aug 2008
Posts: 8
EB3gcwanted is infamous around these parts EB3gcwanted is infamous around these parts
Default EB3 to EB1 Porting

Hi,

I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

Thanks
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  #2 (permalink)  
Old 07-31-2009, 07:05 PM
US Immigration Attorney
Law Offices of Prashanthi Reddy
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New York, New York-10018
http://www.reddyesq.com
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Quote:
Originally Posted by EB3gcwanted View Post
Hi,

I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

Thanks

If you I-140 is approved you can port the priority date of your old I-140 to the new EB-1 I-140. You might not need to go through this trouble if EB-1 is current.
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  #3 (permalink)  
Old 07-31-2009, 07:19 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 594
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Default Eb1

If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.

Quote:
Originally Posted by EB3gcwanted View Post
Hi,

I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

Thanks
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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